Smith v. Smith

HENDRY, Chief Judge.

We granted rehearing to consider the following question: When is an order, which has been followed by a timely petition for rehearing, “rendered” so that it may serve as a predicate for an appeal. Upon reconsideration of appellee’s motion to dismiss appeal, we recede from our prior order denying said motion and hereby order that it be granted.

Appellant petitioned the circuit court to modify a final decree of separate maintenance. The chancellor denied the petition by order of July 22, 1966, which was filed on the same date and recorded on July 25, 1966. Appellant’s timely…